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Author: Ana Maria Guerra Martins
Publisher: Leya
ISBN: 9724080358
Category : Law
Languages : pt-BR
Pages : 293
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Book Description
A presente obra, intitulada Estudos de Direito Internacional e da União Europeia / Essays on International and European Union Law, reúne um conjunto de textos, em língua portuguesa e inglesa, publicados em obras coletivas, revistas jurídicas e enciclopédias, nos últimos três anos, em Portugal e no estrangeiro. Incluem-se igualmente alguns estudos ainda inéditos, mas em vias de publicação num futuro próximo. O livro obedece à seguinte sistematização: Parte I - Questões constitucionais e institucionais da União Europeia Parte II - A pessoa humana no direito da União Europeia Parte III - O migrante, o refugiado e o trabalhador no direito internacional Parte IV - A Convenção Europeia dos Direitos do Homem
Author: Ana Maria Guerra Martins
Publisher: Leya
ISBN: 9724080358
Category : Law
Languages : pt-BR
Pages : 293
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Book Description
A presente obra, intitulada Estudos de Direito Internacional e da União Europeia / Essays on International and European Union Law, reúne um conjunto de textos, em língua portuguesa e inglesa, publicados em obras coletivas, revistas jurídicas e enciclopédias, nos últimos três anos, em Portugal e no estrangeiro. Incluem-se igualmente alguns estudos ainda inéditos, mas em vias de publicação num futuro próximo. O livro obedece à seguinte sistematização: Parte I - Questões constitucionais e institucionais da União Europeia Parte II - A pessoa humana no direito da União Europeia Parte III - O migrante, o refugiado e o trabalhador no direito internacional Parte IV - A Convenção Europeia dos Direitos do Homem
Author: Rui Manuel Moura Ramos
Publisher: Imprensa da Universidade de Coimbra/Coimbra University Press
ISBN: 9892611748
Category : Civil law
Languages : pt-BR
Pages : 378
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Book Description
Após a entrada em vigor do Tratado de Amesterdão (1999), e no desenvolvimento do Espaço de Liberdade, de Segurança e de Justiça então criado, as instituições da União Europeia aprovaram um conjunto de actos de direito da União em matéria de direito internacional privado (conflitos de leis e conflitos de jurisdições). Pode assim falar-se, a este propósito, de um direito internacional privado da União Europeia, cujas regras, nas matérias a que se dirigem, afastam a aplicação das normas homólogas de criação estadual. O presente trabalho, para além de inserir aquela criação normativa da União no contexto que a justificou, analisa alguns dos mais relevantes daqueles diplomas (em matéria de obrigações contratuais, obrigações extracontratuais, obrigações alimentares, divórcio e separação, sucessões por morte, e competência judicial e reconhecimento de sentenças em matéria civil e comercial), incluindo ainda um estudo sobre as orientações da jurisprudência do Tribunal de Justiça com relevo para esta área do direito. After the entry into force of the Amsterdam Treaty (1999), and developing the Area of Freedom, Security and Justice created at that time, the European Union institutions approved a set of Union law acts on private international law (conflict of laws and conflicts of jurisdiction). One may therefore speak of a european private international law, whose dispositions, in the matters covered by them, replace the application of the corresponding rules created by the Member States. The present work, besides placing that normative creation of the Union in the respective context, examines some of the most relevant among those acts (on contractual obligations, extracontractual obligations, maintenance obligations, divorce and legal separation, succession and jurisdiction and recognition of decisions in civil and commercial matters), and includes also an essay on the jurisprudential trends of the European Court of Justice with relevance to this field of the law.
Author: Anneli Albi
Publisher: Springer
ISBN: 9462652732
Category : Law
Languages : en
Pages : 1522
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Book Description
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Author: Paulo Emílio Vauthier Borges de Macedo
Publisher: Springer
ISBN: 3319594036
Category : Law
Languages : en
Pages : 314
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Book Description
This book compares the respective concepts of the law of nations put forward by the Spanish theologian Francisco Suárez and by the Dutch jurist Hugo Grotius. This comparison is based on the fact that both thinkers developed quite similar notions and were the first to depart from the Roman conception, which persisted throughout the entire Middle Ages and the early Renaissance. In Rome, jus gentium was a law that applied to foreigners within the Empire, and one which was often mistaken for Natural Law itself. These two features can be found even in the works of writers such as Francisco de Vitória and Alberico Gentili. In Suárez and Grotius, the law of nations is applicable to an extra-national domain and inarguably becomes positive law. Yet, it also contains an ethical element that prevents it from transforming into a mere reflection of state interests. This work argues that this resemblance is hardly a coincidence: Grotius has read Suárez, and that influence has modified the foundations of his early thoughts on jus gentium. This should not be taken to imply that the Dutch jurist wasn’t original: in both authors, the definition of the law of nations pursues his own internal logic. Nevertheless, Suárez’s oeuvre allowed Grotius to solve a fundamental problem touched on in his early writings that had remained unanswered. Accordingly, his oeuvre promises to clarify one of the most significant moments in the History of International Law.
Author: Nico J. Schrijver
Publisher: BRILL
ISBN: 9047444469
Category : Law
Languages : en
Pages : 276
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Book Description
In a relatively short time the concept of “sustainable development” has become firmly established in the field of international law. The World Commission on Environment and Development concisely defined sustainable development as follows: “development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs”. This definition takes into account the needs of both the present and future generations as well as the capacity of the earth and its natural resources which by clear implication should not be depleted by a small group of people (in industrialized countries). The aim of this book is threefold : to review the genesis and to clarify the meaning of the concept of sustainable development, as well as to assess its status within public international law. Furthermore, it examines the legal principles that have emerged in the pursuit of sustainable development. Lastly, it assesses to what extent the actual evolution of law demonstrates the balance and integration with all pertinent fields of international law as urged by the Rio, Johannesburg, and World Summit documents. This is the second volume in the Hague Academy of International Law Pocket Book series; it contains the text of the course given at the Hague Academy by Professor Schrijver. Cet ouvrage répond à trois objectifs : examiner la naissance du concept de développement durable, clarifier sa signification et évaluer son statut dans le droit international public. Il examine également les principes juridiques nés de la poursuite du développement durable. Enfin, il examine l’évolution actuelle du droit par rapport aux exigences énoncées à Rio, à Johannesburg et au cours du dernier sommet mondial en ce qui concerne l’intégration du concept de développement durable dans tous les domaines pertinents du droit international.
Author: Jerzy Jendrośka
Publisher:
ISBN: 9781780686103
Category : Environmental law
Languages : en
Pages : 0
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Book Description
'Procedural Environmental Rights: Principle X in Theory and Practice' provides an overview of various aspects of the current status, development and practice of rights of access to information, public participation in decision-making and access to justice in environmental matters following their codification as non-binding principles in Principle X of the Rio Declaration.
Author: Nuno Severiano Teixeira
Publisher:
ISBN: 9781733733946
Category : Political Science
Languages : en
Pages : 0
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Book Description
This is the third and final volume resulting from the Jean Monnet Network on Atlantic Studies, a project coordinated by the Fundação Getúlio Vargas and funded by the European Commission, under the Horizon 2020 research program. The project had three main clusters of research: energy, economy and human security. This volume addresses the human security dimension of the study on the Atlantic Basin. This volume, with chapters from specialists in the Jean Monnet Network, sheds new light in all these areas. The first part, "Human Security Threats in the Atlantic Basin," seeks to bring a new understanding on classical concepts and threats to human security. From drug traffic to energy security, from the northern Mediterranean to the connection between fragile states and terrorism, we examine the different realities and answers across the Atlantic and its four continents. However, there are new and intensive challenges to human security that could be left aside, and those are integrated on the second part of the volume. The most poignant are the migratory flows that course through this region, in several dimensions. In the final part of the volume, the authors focus on the possibility of "Forging Human Security Networks" within the Atlantic Basin. The main actors of the region have already developed several tools to deal with the threats and challenges concerning human security. Do they or could they cooperate more and better? Is there an overlapping of the instruments at their disposal or, on the other hand, could they work together in order to maximize their results? These are the questions answered, in different regards, by the chapters in this third part.
Author: Alfred Hower
Publisher: University Press of Florida
ISBN: 1947372750
Category : History
Languages : pt
Pages : 315
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Book Description
The books in the Florida and the Caribbean Open Books Series demonstrate the University Press of Florida’s long history of publishing Latin American and Caribbean studies titles that connect in and through Florida, highlighting the connections between the Sunshine State and its neighboring islands. Books in this series show how early explorers found and settled Florida and the Caribbean. They tell the tales of early pioneers, both foreign and domestic. They examine topics critical to the area such as travel, migration, economic opportunity, and tourism. They look at the growth of Florida and the Caribbean and the attendant pressures on the environment, culture, urban development, and the movement of peoples, both forced and voluntary. The Florida and the Caribbean Open Books Series gathers the rich data available in these architectural, archaeological, cultural, and historical works, as well as the travelogues and naturalists’ sketches of the area in prior to the twentieth century, making it accessible for scholars and the general public alike. The Florida and the Caribbean Open Books Series is made possible through a grant from the National Endowment for the Humanities and the Andrew W. Mellon Foundation, under the Humanities Open Books program.
Author: Mads Tønnesson Andenæs
Publisher: Oxford University Press, USA
ISBN: 0198735332
Category : Law
Languages : en
Pages : 756
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Book Description
A critical analysis of the use of comparative and foreign law by courts across the globe, this book provides an inclusive, coherent, and practical analysis of comparative reasoning in the forensic process.
Author: Singh, Avani
Publisher: UNESCO Publishing
ISBN: 9231003011
Category :
Languages : en
Pages : 218
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Book Description
